Lime bike hit my car. What can I do against lime and the rider?

sheramber

user1977 said:

sheramber said:

Currently, cyclists who ride dangerously or carelessly can be prosecuted for various offences, including those contained in the Road Traffic Act 1988 (as amended)

https://lordslibrary.parliament.uk/cyclists-and-the-law/#:~:text=Currently%2C%20cyclists%20who%20ride%20dangerously,causing%20death%20by%20dangerous%20cycling.

True, though it's got nothing to with the liability to the OP of the cyclist, let alone Lime. 

The OP wants action against the cyclyst.

link from that artice

Item (3) 

https://www.legislation.gov.uk/ukpga/1988/52/section/28?timeline=false

Dangerous cycling.

(1)A person who rides a cycle on a road dangerously is guilty of an offence.

(2)For the purposes of subsection (1) above a person is to be regarded as riding dangerously if (and only if)—

(a)the way he rides falls far below what would be expected of a competent and careful cyclist, and

(b)it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

(3)In subsection (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that subsection what would be obvious to a competent and careful cyclist in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.]

Jumblebumble

Ergates said:

Sayomi08 said:

I tried contacting Lime and told them everything and even sent them the footage. Ideally I would like more compensation from them as well if I can but my main goal is to get the guy banned. This was the response they gave me:

For what?  Your insurance is covering your losses.  If your insurance company wish to recover their costs from the rider or from Lime that is both their business and their responsibility.

Sayomi08 said:

As when my insurance contacted him, he tried the old "oh it wasn't me, I wasn't involved in an accident". If not for the footage, he would have gotten away with it and I would have had to foot the whole bill with the addition of my premiums going up, my NCB being affected etc.  

1) How do you know what he said to the insurance company?
2) How did the insurance company contact him?  The only way that would be possible is if he gave you contact details after the accident.
3) Why would you have had to foot the bill?  You'd still have had insurance.

Sayomi08 said:

So my main question is, Is it worth pursuing? Does anyone else have experience with this? Should I try and push for something and push for him to get banned? I don't feel like they're doing anything to protect the people that are on the receiving end of irresponsible cyclists. 

Worth pursuing how?  You have no way to force Lime to ban this rider.  Even if you managed it, what would that achieve - other than a slight inconvenience - he'd still be able to ride a bike.

Under what circumstance will the insurance company receive compensation from Lime as on the face of it they have no responsibility for the riders negligence?
It appears to me that Lime have done nothing wrong except for lending a bike to an idiot.
If I lent you a bicycle and you hit a car would I need to engage with the car owner  at all?

user1977

sheramber said:

user1977 said:

sheramber said:

Currently, cyclists who ride dangerously or carelessly can be prosecuted for various offences, including those contained in the Road Traffic Act 1988 (as amended)

https://lordslibrary.parliament.uk/cyclists-and-the-law/#:~:text=Currently%2C%20cyclists%20who%20ride%20dangerously,causing%20death%20by%20dangerous%20cycling.

True, though it's got nothing to with the liability to the OP of the cyclist, let alone Lime. 

The OP wants action against the cyclyst.

Yes, but the OP says they have already reported it to the police. That's as much as the OP can do, as far as any criminal consequences are concerned.

Alderbank

Not a consumer rights matter because the OP has no contract with the idiot but there is certainly potential for a civil claim for damages in negligence.

OP did the right thing in getting police report, even if not very helpful, and in getting the idiot's name and address.

We have not been told much about the accident. If the idiot hit the car while it was parked, or collided with the side or tail of the car, liability might be clear but if the collision was with the front grille of the car while the OP was driving it is more complex.
The idiot obviously had at least one witness (in the basket). OP do you have statements from any other witnesses or any third party dashcam footage?

There are solicitors who specialise in pursuing claims where a cyclist collides with a car, such as this one in Leeds https://www.gcoffey.co.uk/our-services/personal-injury-services/motor-vehicle-accident/cyclist-injury-claims/resources/who-pays-if-cyclist-hits-car-uk

If I was the OP I would contact one of these firms to discuss the prospects of success with a civil claim.

DullGreyGuy

Olinda99 said:

unless I am missing something your remedy is the small claims court for your financial.losses against the bike driver (not Lime).

The OP has claimed against their insurance, before taking any action like small claims court they need to discuss the matter with their insurer. In principle if the OP blindly issued for just their excess their insurer would then be blocked from claiming their outlay back from the cyclist and in most cases that would then make it a fault claim on their insurance. 

Jumblebumble said:

Sayomi08 said:

This is my first post so hopefully I've posted it in the right place?

So, long story short is an idiot and his female friend (in the basket of the lime bike) rode directly into the front of my car causing a lot of damage. I do have dashcam footage of this and am currently going through my insurance as, after much faff, he finally admitted fault. I have also filed a police report. 

Now, what I'm trying to do is contact Lime bike and get him banned as it's clear that he's not a safe rider. It was very lucky that I had a dash cam but what if a person doesn't? As when my insurance contacted him, he tried the old "oh it wasn't me, I wasn't involved in an accident". If not for the footage, he would have gotten away with it and I would have had to foot the whole bill with the addition of my premiums going up, my NCB being affected etc. 

I tried contacting Lime and told them everything and even sent them the footage. Ideally I would like more compensation from them as well if I can but my main goal is to get the guy banned. This was the response they gave me:

"I am so sorry to hear about this incident. We are sorry you had an unpleasant experience with one of our Riders. 

Please be assured that Lime makes every effort to urge our customers to #RespectTheRide and follow all local laws for operating vehicles.

We constantly make every effort to educate riders on the responsible use of our services, as we value being an asset to the communities we serve. You can find out more information about our Respect the Ride campaign here.

In this case, the Riders were the sole, proximate cause of the accident for improper use and negligence. While Lime carries all applicable insurance per local law and regulations, this coverage applies to authorized users who comply with the rules in accordance with the Lime User Agreement.

Unfortunately, because the rider involved in the incident was in breach of Lime’s terms and conditions, we cannot cover the costs of this claim. Should you wish to pursue this incident, please contact your local law enforcement and file a report. Lime unequivocally condemns antisocial and criminal behavior and we are always happy to cooperate with Law Enforcement Authorities upon request. We appreciate your understanding that we cannot share personal data in any other manner.

While we regret we cannot pay this loss, we value your trust in our company. We want to assure you that we are doing everything we can to help our customers and prevent these incidents from happening in the future.

Please note that your insurers do not waive any of their rights. Similarly, through this letter, Lime reserves all rights."

So my main question is, Is it worth pursuing? Does anyone else have experience with this? Should I try and push for something and push for him to get banned? I don't feel like they're doing anything to protect the people that are on the receiving end of irresponsible cyclists. 

I assume you understand that you would be going after the rider for their negligence
If it was a car you would be covered by the MIB/insurer of last resort 
However as it is  a bike that does not require insurance and it looks like  there was no insurance in place, there is no one that to indemnify the bike rider and so you only option is to claim off your insurance or sue the bike rider or not have the car repaired

The OP has comprehensive insurance and so even if it had been a driver rather than cyclist the MIB wouldn't have stepped in for insured losses. 

The cyclist MAY be covered by their Home Contents insurance, if they have any, but that is there to protect their insured not the OP and unlike motor or EL you cannot force a defendant to use their insurance. 

Olinda99

if the op goes via their insurance company then they should sue the cyclist for their uninsured losses EG excess, loss of no claims bonus etc

Ergates

Jumblebumble said:

Ergates said:

Sayomi08 said:

I tried contacting Lime and told them everything and even sent them the footage. Ideally I would like more compensation from them as well if I can but my main goal is to get the guy banned. This was the response they gave me:

For what?  Your insurance is covering your losses.  If your insurance company wish to recover their costs from the rider or from Lime that is both their business and their responsibility.

Sayomi08 said:

As when my insurance contacted him, he tried the old "oh it wasn't me, I wasn't involved in an accident". If not for the footage, he would have gotten away with it and I would have had to foot the whole bill with the addition of my premiums going up, my NCB being affected etc.  

1) How do you know what he said to the insurance company?
2) How did the insurance company contact him?  The only way that would be possible is if he gave you contact details after the accident.
3) Why would you have had to foot the bill?  You'd still have had insurance.

Sayomi08 said:

So my main question is, Is it worth pursuing? Does anyone else have experience with this? Should I try and push for something and push for him to get banned? I don't feel like they're doing anything to protect the people that are on the receiving end of irresponsible cyclists. 

Worth pursuing how?  You have no way to force Lime to ban this rider.  Even if you managed it, what would that achieve - other than a slight inconvenience - he'd still be able to ride a bike.

Under what circumstance will the insurance company receive compensation from Lime as on the face of it they have no responsibility for the riders negligence?
It appears to me that Lime have done nothing wrong except for lending a bike to an idiot.
If I lent you a bicycle and you hit a car would I need to engage with the car owner  at all?

It doesn't actually matter - the point being that any such action would be the responsibility of the insurance company.

Jumblebumble

Ergates said:

Jumblebumble said:

Ergates said:

Sayomi08 said:

I tried contacting Lime and told them everything and even sent them the footage. Ideally I would like more compensation from them as well if I can but my main goal is to get the guy banned. This was the response they gave me:

For what?  Your insurance is covering your losses.  If your insurance company wish to recover their costs from the rider or from Lime that is both their business and their responsibility.

Sayomi08 said:

As when my insurance contacted him, he tried the old "oh it wasn't me, I wasn't involved in an accident". If not for the footage, he would have gotten away with it and I would have had to foot the whole bill with the addition of my premiums going up, my NCB being affected etc.  

1) How do you know what he said to the insurance company?
2) How did the insurance company contact him?  The only way that would be possible is if he gave you contact details after the accident.
3) Why would you have had to foot the bill?  You'd still have had insurance.

Sayomi08 said:

So my main question is, Is it worth pursuing? Does anyone else have experience with this? Should I try and push for something and push for him to get banned? I don't feel like they're doing anything to protect the people that are on the receiving end of irresponsible cyclists. 

Worth pursuing how?  You have no way to force Lime to ban this rider.  Even if you managed it, what would that achieve - other than a slight inconvenience - he'd still be able to ride a bike.

Under what circumstance will the insurance company receive compensation from Lime as on the face of it they have no responsibility for the riders negligence?
It appears to me that Lime have done nothing wrong except for lending a bike to an idiot.
If I lent you a bicycle and you hit a car would I need to engage with the car owner  at all?

It doesn't actually matter - the point being that any such action would be the responsibility of the insurance company.

I was more thinking about the Ops loss of no claims bonus and  excess which very much make it the OPS business about what their insurers might be able to recover 
My understanding is that in any event even if the insurance have paid the OP for their car there is nothing to stop the OP going after the bike rider for their loss of excess should they wish  and my point is that the OP might be foolish to try and go after Lime as I think Lime could carry on telling the OP to jog on.

DullGreyGuy

Jumblebumble said:

Ergates said:

Jumblebumble said:

Ergates said:

Sayomi08 said:

I tried contacting Lime and told them everything and even sent them the footage. Ideally I would like more compensation from them as well if I can but my main goal is to get the guy banned. This was the response they gave me:

For what?  Your insurance is covering your losses.  If your insurance company wish to recover their costs from the rider or from Lime that is both their business and their responsibility.

Sayomi08 said:

As when my insurance contacted him, he tried the old "oh it wasn't me, I wasn't involved in an accident". If not for the footage, he would have gotten away with it and I would have had to foot the whole bill with the addition of my premiums going up, my NCB being affected etc.  

1) How do you know what he said to the insurance company?
2) How did the insurance company contact him?  The only way that would be possible is if he gave you contact details after the accident.
3) Why would you have had to foot the bill?  You'd still have had insurance.

Sayomi08 said:

So my main question is, Is it worth pursuing? Does anyone else have experience with this? Should I try and push for something and push for him to get banned? I don't feel like they're doing anything to protect the people that are on the receiving end of irresponsible cyclists. 

Worth pursuing how?  You have no way to force Lime to ban this rider.  Even if you managed it, what would that achieve - other than a slight inconvenience - he'd still be able to ride a bike.

Under what circumstance will the insurance company receive compensation from Lime as on the face of it they have no responsibility for the riders negligence?
It appears to me that Lime have done nothing wrong except for lending a bike to an idiot.
If I lent you a bicycle and you hit a car would I need to engage with the car owner  at all?

It doesn't actually matter - the point being that any such action would be the responsibility of the insurance company.

I was more thinking about the Ops loss of no claims bonus and  excess which very much make it the OPS business about what their insurers might be able to recover 
My understanding is that in any event even if the insurance have paid the OP for their car there is nothing to stop the OP going after the bike rider for their loss of excess should they wish  and my point is that the OP might be foolish to try and go after Lime as I think Lime could carry on telling the OP to jog on.

NCD will depend on 1) if the insurer can recover their outlay or not and 2) if their insurer has any "promises" around NCD etc. 

Obviously if the insurer fails to get their money back from the rider there is a reasonable chance the OP won't manage to get anything back either. As explained earlier the two actions need to come together prior to court else you have a host of problems as 1 person can only be sued by 1 person once for the same incident and the insurer sues in the name of their insured as its their rights they've inherited by settling the claim.